HomeMy WebLinkAboutORD-2012-017 Review of Proposed UDO Text Amendment(s) – Telecommunications Ordinance 151Z 00 1
AN ORDINANCE AMENDING
THE UNIFIED DEVELOPMENT ORDINANCE OF ORANGE COUNTY
WHEREAS, the County has identified a need to improve telecommunication access
for private citizens and public safety agencies throughout the area, and
WHEREAS, in order to improve access, there is a need to modify existing permitting
requirements associated with the review and processing of requests to erect
telecommunication facilities, and
WHEREAS, the requirements of Section 2.8 of the Unified Development Ordinance
have been deemed complete, and
WHEREAS, the County has found the proposed text amendments to be reasonably
necessary to promote public health, safety and general welfare and to achieve the
purposes of the adopted Comprehensive Plan, and ,
WHEREAS, pursuant to North Carolina General Statute 153A-341 and Section 1.1.7
of the Unified Development Ordinance, the Board of Commissioners of Orange County
has found the proposed text amendments to be consistent with the goals and policies of
the adopted Comprehensive Plan.
BE IT ORDAINED by the Board of Commissioners of Orange County that the Unified
Development Ordinance of Orange County is hereby amended as depicted in the attached
pages.
BE IT FURTHER ORDAINED that this ordinance be placed in the book of
published ordinances and that this ordinance is effective upon its adoption.
Upon motion of o missioner �t / , seconded by
Commissioner t�e foregoidg ordinance was adopted this
day of /LA:2� 2012.
I, Donna S. Baker, Clerk to the Board of Commissioners for Orange County, DO
HEREBY CERTIFY that the forego a true copy of so much of the proceedings of said
Board at a meeting held on '71; - 11 , 2012 as relates in any way to
.........................
the adoption of the foregoing and that said proceedings are recorded in the minutes of the
said Board.
4AL
W1 S my hand and the seal of said County, this day of
71'�A,
2012.
17 tot�'elbMrd of Commissioners
orth ca
10
UDO AMENDMENT PACKET NOTES:
The following packet details staff's proposed modifications to existing regulations governing the
review and development of telecommunication facilities.
These amendments are based on comments/direction received by BOCC and Planning Board
members at the November 21, 2011 dinner meeting as well as the January 4,2012 Ordinance
Review Committee (ORC)meeting with the Planning Board. .
As the number of affected pages associated with this proposal is extensive, and substantial text is
being modified, staff has divided the proposed amendments into the following color coded
classifications:
• Red Underlined Text: Denotes new, proposed text,that staff is suggesting be added to
the UDO
• Red Strikethrough Text: Denotes existing text that staff is proposing to delete
• Green Strikethrough Text: Denotes existing text that staff is proposing to re-locate as
part of the proposed re-organization of existing regulations. The anticipated benefit is
the elimination of existing ambiguities and redundancies as well as grouping similar
standards into central sections of the UDO to avoid confusion.
• Green Text: Denotes the existing text that has been re-located to a new/revised
section of the UDO.
Only those pages of the UDO impacted by the proposed modification(s) have been included
within this packet.
Staff has included footnotes within the amendment package to provide additional
information/rationale concerning the proposed amendments to aid in your review.
Please note that the page numbers in this amendment packet may or may not necessarily
correspond to the page numbers in the adopted UDO because the adding text may shift all
of the text/sections downward.
Article 5: Uses
Section 5.2: Table of Permitted Uses
Use not permitted as a Conditional Use District; permitted only in zoning districts where noted on Table of Permitted Uses; See Section 5.1.4(E)
Telecommunication Tower — Stealth (75 feet or
shorter
*
*
*
*
*
*
lecommunication Towers (150 feet in heig #t -er
Over 75 feet and under 200 feet)
B
B
B
B
B
B
B
B
B
B
B
B
B
B
B
B
B
B
B
B
B
lecommunication Towers (gFeateF than' 5^'^
200 feet and hi her
A
A
A
A
A
FA
FA
A
A
A
A
A
A
A
A
A
A
A
A
A
A
TEMPORARY USES
Buildings, Portable
B
B
B
B
B
B
B
B
B
B
B
B
B
B
Temporary Mobile Home (Custodial Care)
B
B
B
B
B
B
B
B
B
B
Temporary Mobile Home (Use during
construction /installation of permanent residential unit
and for 30 days following issuance of Certificate of
Occu anc
AUTOMOTIVE /TRANSPORTATION
Bus Passenger Shelter
*
*
*
*
*
*
*
Bus Terminals & Garages
Motor Freight Terminals
Motor Vehicle Maintenance & Repair (Body Shop)
Motor Vehicle Repair Garage
Motor Vehicle Sales / Rental (New & Used)
p'
Motor Vehicle Services Stations
Parking As Principle Use, Surface or Structure
Petroleum Products: Storage & Distribution
Postal & Parcel Delivery Services
UTILITIES
Elevated Water Storage Tanks
B
g
B
B
B
B
B
B
B
B
B
B
B
g
g
g
g
See Section 5.14.1 for special standards
Orange County, North Carolina — Unified Development Ordinance Page 5 -8 —`
Article 5: Uses 12
Section 5.10: Standards for Telecommunication Facilities
(e) Certification by the applicant that it is a public utility and a statement that
the proposed installation is necessary to accomplish its public utility
function and that public convenience and necessity will be served by the
proposed installation.
(2) Standards of Evaluation
(a) Adequate provision has been made to protect adjacent property from the
dangers of explosion, rupture, collapse, fire or other menaces to public
health and safety.
(b) The public convenience and necessity shall be served by this proposed
installation, if installed as proposed.
5.10.1 Intent
The regulations contained herein are designed to provide for the safe and efficient integration of
facilities necessary for the provision of advanced wireless telecommunications services through
the community with the goal of establishing reliable wireless service to the public, governmental
agencies, and first responders in a manner that provides for the public safety and general welfare
of its citizens.
5.10.2 Master Telecommunications Plan ("Plan")'
(A) The Plan will-is intended to assist providers in their search for suitable locations to build
their service network. The County may develop the Plan (map), which would display
locations within the County's zoning jurisdiction where property owners have expressed
formal, written, interest in allowing construction of telecommunications equipment.
(B) Information that may be shown on the base Plan will include, but not limited to:
(1) Existing towers,
(2) Major transmission lines,
(3) County-defined Natural Areas,
(4) Historic properties,
(5) Scenic corridors,
(6) Known bird migratory patterns through the County,
(7) Voluntary Agricultural Districts, and
(8) Publicly-owned or quasi-public lands.
PFGperty/pFeper-ties shall have beeR expressed.
Ok In order to participate in the MT°Plan, all owner(s), or their legally binding
representatives, shall submit an application on a form prepared by the Planning
IDepartment and meet the fG!IGW; g „9,�a`rtnes-.*requestinq inclusion.
1 Existing regulations establishing the Master Telecommunication Plan(MTP)are vague,confusing,and scattered
throughout Section 5.10 of the Unified Development Ordinance. Staff is modifying existing language in an effort to
make the section easier to comprehend,group regulations into central sections,and eliminate existing redundancy.
Orange County, North Carolina—Unified Development Ordinance Page 5-73
Article 5: Uses 1 3
Section 5.10: Standards for Telecommunication Facilities
{a} (D)_ 14Grmatian to be provided All telecommunication providers who elect to
construct facilities on properties in the Plan shall provide all necessary and
requested information to the County's telecommunications consultant. 2
modificatoon of the Modification of the Plan may be considered annually at the
February Quarterly Public Hearing. Any applicant requesting modification of the
Plan shall make application to the Planning Director on or before December 1 st
of each year. The fee for modifying the Plan shall be that as set forth in the
Orange County Schedule of Fees.
(F) Withdrawal from the Plan is permitted if any
owner submits, to the Planning Director, a notarized statement requesting
withdrawal fFGm the same. Upon receipt of the request, including any fee for
modifying the Plan as set forth in the Orange County Schedule of Fees. the
Planning Director shall inform interested parties that the property has been
withdrawn from consideration. Removal of the property from the Plan shall be
processed as a modification as detailed herein.
5.10.3 Annual Telecommunications Projection Meeting (ATPM)
I (A) Meeting SpesifissPurposeand Outcome:3
(1) The purpose of the ATPM meeting is to allow for a complete review of collocation
opportunities, address coverage issues,4 and discuss the location of needed
telecommunication support structures with providers who intent on submitting
development applications for action by the County. The intended outcome of the
meeting is to allow the County and interested parties to in january of eaGh yea
the GeuRty shall hold a meeting Gf all G i s ;-;Ad tA�WGOFApanies whe have
5to develop a
plan for facility deployment within the County that provides reasonable coverage
based on the needs of the County and its residents, while minimizing the total
number of needed telecommunication support facilities, including minimizing
theand intrusiveness of t#+e such facilities,and encouraging the development of a
more most efficient f°^"", si+° „°a telecommunication network.
(2) The intended outcome of the meeting is an understanding amongst the Planning
Director and providers on areas of the County where telecommunication support
facilities are needed and application request for the year should be focused.
A
•-,
n ,
later then 30 rags prier to the meeting at the lint I:i own address of the a4y and
attendan^e shall be expe^fed from all pa Flies desiring to !GGate wireless,
I (3) Atteadanse at the A,TI :;-rtey.
(B) Applicability
2 Section 5.10.2(D)(1),(2),and(3)technically are not guidelines for inclusion on the Plan. They are guidelines
that all participants are required to adhere to. By removing them as a subsection of(C)they will apply in every
instance rather than as just a requirement for inclusion on the Plan.
s The overall purpose and intent of the ATPM is scattered throughout Section 5.10,most notably Section 5.10.3 (B)
(1). Staff is moving pertinent language to this section,denoted in green text,and renaming the existing heading.
4 This language was previously contained within Section 5.10.3 (B)(1). It was moved here as this is Section is now
intended to provide the `purpose and intent'of the ATPM meeting.
s This section,denoted in green strip text,has been relocated to Section 5.10.3 (C)
6 This section,denoted in green°44Ee text,has been relocated to Section 5.10.3 (C)
Orange County, North Carolina—Unified Development Ordinance Page 5-74
Article 5: Uses 14
Section 5.10:Standards for Telecommunication Facilities
(1)
,By December 315 of each calendar year, telecommunication
Providers shall submit to the Planning Director a plan indicating proposed search
rings for anticipated telecommunication support structures This plan shall
identify areas where providers are looking to locate facilities as well as identify
those areas of the County that are underserved by existing facilities ' shall be
The purpese of the AT-PM is to allow feF a--p—plefe review Of GGIIGGatk)R
Ia 1 + .� si±e pans vF v ou h
urea
F,
plans a e.J the DI nn' D rt t Staff II h 1 an ATPM
during the menth of januaFy with the providers. New appliGatiens foF Class A
A(�ustrnent in aGGE)FdanGe with the published E3E)aFd of AGqustFneRt meeting
r
identified nn either the site ply the seaFGh FiRg I shGWR at the ATPM.
time perierl 9
time
,As of the effective date of this Ordinance amendment any pending applications
that have not received a zoning compliance permit or a special use permit shall
meet all requirements of this Ordinance, including, but not limited to submission
deadlines, application standards and processing, excluding the ATPM
requirement.
(C) Meeting Specifics:
(1) The meeting shall occur by the end of January of each calendar year the Seur�ty
r
(2) Attendees shall include all carriers and tower companies who have either filed
applications the previous year or anyone who has expressed an interest in filing
an application to construct a telecommunication support facility within the County
11
(3) The County shall notify each party of the date, time, and place of the meeting no
later than 30 days prior to the meeting 12
I (4) Those individuals/firms intent on submitting development applications are
expected to attend the meeting. While a lack of attendance will not prevent the
7 Staff has re-organized the existing language concerning the submittal of the necessary documentation for the
annual meeting. The submittal requirements are not changing.
s This section,denoted in green st=iv°* g;text,has been relocated to Section 5.10.3 (A)
9 Language contained within 5.10.3 (B)(1)(2)(3)is recommended for deletion. Staff believes that Class A Special
Use Permits for telecommunication support structures should be reviewed at any of the 4 regularly scheduled
Quarterly Public Hearings.
to This language was previously located in Section 5.10.3 (A)(1). Staff has recommended the deletion of
unnecessary text to make it more understandable.
11 This language was previously located in Section 5.10.3 (A)(1).
12 This language was previously located in Section 5.10.3 (A)(2).
Orange County, North Carolina—Unified Development Ordinance Page 5-75
Article 5: Uses
Section 5.10:Standards for Telecommunication Facilities 15
submittal of an application it will prevent the applicant's ability to participate in
the discussions outlining the areas of concentration for the location of
telecommunication support structures for that given year."
(D) Applications for the development of telecommunication support structures shall be
processed in accordance with the provisions of this Ordinance.
5.10.4 Existing Wireless Telecommunications Support Structures
(1) Telecommunications equipment as accessory uses may be placed on existing
wireless support structures in accordance with the provisions of this Ordinance.
(2) Notwithstanding the other provisions of Section 5.10, telecommunications towers
in existence as of December 10, 2002, may be replaced with a wireless support
structure of equal or less visual impact after approval by the Planning Director.
However, if the proposed new wireless support structure would not be consistent
with the minimum standards under Section 5.10, replacement must be approved
as provided for in this Ordinance.
5.10.5 Wireless Telecommunications Support Structures and Equipment as Principal or
Accessory Uses
(A) Wireless telecommunications support structures shall be permitted as a principal or
accessory use in accordance with the Table of Permitted Uses and as follows:
(1) On property owned by the County or any public entity, except those designated
as historic properties or sites, the County may, in its sole discretion as the owner
of the property, authorize the application and use of County property after the
applicant executes a lease agreement acceptable to the County.
(2) Wireless telecommunications facilities, as part of existing utility poles shall be
permitted as an accessory use. Wireless facilities shall be constructed as part of
the existing utility poles or as replacements for the existing utility poles. No
freestanding towers constructed exclusively for personal wireless services shall
be permitted within utility easements.
(3) The placement of new wireless telecommunications support structures shall be in
accordance with the Table of Permitted Uses, except as permitted in the Master
Telecommunications Plan ("Plan") or by Section 5.10.6 of this Ordinance.
5.10.6 Administrative Approval of Certain Telecommunication Facilities
(A) Applicability
The following telecommunication facilities may be approved administratively by the
Planning Staff provided that all of the provisions contained in Section 5.10 are met:
(1) New stealth telecommunications wireless support structures up to 75 feet in
height that are sufficiently disguised so as to minimize visual impact;
(2) Any wireless support structure less than 75 feet in height;
(3) Any wireless support structure less than 4,50-200 feet in height that is located on
property that is owned or leased by Orange County; and
is Section 5.10.3 (A)(3)of the UDO requires attendance at the ATPM for those wishing to submit an application for
a telecommunication support facility during that given year. In consultation with the Director,staff believes that a
lack of attendance should not preclude the submittal and review of an application.
Orange County, North Carolina—Unified Development Ordinance Page 5-76
Article 5: Uses 16
Section 5.10:Standards for Telecommunication Facilities
(4) Any wireless support structure less than 459-200 feet in height on which the
owner of such facility permits the County to collocate its wireless facilities on the
structure at no charge to the County when the location of such facility is of benefit
to the County as determined in the sole discretion of the County. 14
(5) A written decision approving or denying an application for administrative approval
of a telecommunication facility under this section shall be issued no later than 45
days following the submission of a complete application.
(6) Collocation applications meeting the following requirements:
(a) The proposed additional facility will not increase the overall height and
width of the tower or wireless support structure to which the wireless
facilities are to be attached.
(b) The proposed additional facility will not increase the ground space
approved in the site plan for equipment enclosures and ancillary
facilities.
(c) The proposed additional facility will comply with applicable regulations,
restrictions, or conditions, if any, applied to the initial wireless facilities
placed on the tower or other wireless support structure.
(d) The proposed additional wireless facilities comply with all federal, State,
and local safety requirements.
(e) The proposed additional facility does not exceed the applicable weight
limits for the wireless support structure.
(B) Submittal Requirements
All applications for telecommunication facilities that are eligible for administrative
approval shall be submitted and reviewed in accordance with the standards of Section
5.10.8 of the Ordinance.
deemed nmmplete:
0) Payment of all @PPI*Gable fees Fecluired by SeGtien 5.1 Q.7(D) of this OrdiRanGe
application.
Wireless supPArt StFUGture shall be m inn d in a safe rnanReF, and
autheFized to do business in the State, and if the appli I . #ity, the
.
pp1Ga f, tuthqrIt
16
(4) A site plan pFepared iR aGGGrdaRGe with SeGtiGR 2.5 of this QrdinaRGe ShC)WiRg
r
14 Modifications to Section(s)5.10.6(3)and(4)are intended to keep the administrative approval of
telecommunication support structures
15 The regulations contained in Section 5.10.6(B)are the same as those detailed in Section 5.10.8(A). Also staff
believes that we need a central section for all submittal/review criteria rather than have it in multiple sections of the
UDO. All submittal/review requirements are now in a central section. The item is shown as being deleted as we are
already repeating the same standards in Section 5.10.8(A). Staff does not believe it is necessary to repeat the same
standards over and over again.
16 This specific standard,denoted in green;*..:1-n� ° g4-text,has been relocated to Section 5.10.8(A)
Orange County, North Carolina—Unified Development Ordinance Page 5-77
Article 5: Uses 1 7
Section 5.10: Standards for Telecommunication Facilities
,size and Genterline height!GGafien ef all proposed and exi-�
azimuth,
antennas e n the sr rnnorf'ng strr,Gtr rre
(7) The RYMbeF, type and medel Gf the aRtenRa(s) proposed, along with a GE)PY ef
the sner•if'nation sheet/s\ fnr the antenna
(8) The age E)f the existing toweF(4f aRY) in yews, inGluding the date of the gFant o
(9) A deSE)FiptiOR of the type E)f wiFeless SUPPOR StFLIGtLIre, e.g. guyed, self suppGFting
needed, Why they 2Fe needed and what eRtity Will be Fespensible to assure that
the nenessant nhanges ere merle•
sGils r
I..PGFt 6tFUGtGt'C
' :investigation,
"..
(12 Fer n wiFeless sr moor}stn rrtr re that is fire veers eld or older, for a guyed
GtFUGtUFe that is r
pars�nr rr ant to the latest editiGR efANSI Elnrrle 722F— Annex E fnr any self
GGhedUle, aR ANSI report shall be doRe and submitted as paFt ef the appliGatic)R.
Ne Building Permit shall be issued fer aRy wiFeless GYPPGFt StFUGWFe whepe the
vrn-cv-cn rtv -nv-rrrTiz
the State and hearing that engineer's rr rrrentiv valid stamp showing the
with;n 30 feet of areas tG WhiGh th9 PHUOGG h;-;c-;OF G-A-luld reasonably have Gr-gaiR
that the p0teRtial expaswe to RF= Fadiation (i.e. Non lon E "'i _ R - -3n),will
an iRdMdual may safely stand without being exposed to RF Fadiatien iR eXGess e
the r
r '
exposed to RF= radiat'en in evr•ess of the FCC's neFmitted standards
(`gmnlianee with the FCC's rem rlatiens in s,rr•h an instanr•e the RC radiation
the „blip or weFkers SUGh renert or anah/sis shall be signed and sealed by
❑refessienal Cngineer linensed in the State
Orange County, North Carolina—Unified Development Ordinance Page 5-78
Article 5: Uses 18
Section 5.10: Standards for Telecommunication Facilities shall be
pFovided to veFify that the rnedifiGatiaR GF antenna aFFay GE) IGGatien will fully
(16) if any seGtieR Or peten of the StFUGtuFe to be attaGhed to is REA in GempliaRGe
„
waming tape er a suitable FRing b@FFieF, aG Well 26 PlaGiRg RF Fadiation signs
as needed and apprGpriate to warn iRdividuals of the potential dan
(17) A signed statemeRt that the @PpliGaRt will expeditiously Femedy any physiGal oF
that prove that the wiFeless SUPPGFt StFUGWre and its fbundatien as proposed to
and ANSI GtFUGWral FeqWiFeMeRtS feF leads, iRG!udqng wind and *Ge bads and the
shall FequiFe the appliGaRt, te the extent permitted by law, to at all times defeRd,
,
,
,
of damages as may be attributable tG the RegligeRt OF inteRtional aGt
fees, and expeFt witness fees are iRGluded iR these GGStS that the GOURty G2R
PFOViE;i()R Will Ret be requiFed jR these iRStaRGes wheFe the County i1self applies
(G) Additional Requirements
,
Orange County, North Carolina—Unified Development Ordinance Page 5-79
Article 5: Uses
Section 5.10: Standards for Telecommunication Facilities 19
GLIFrent and prGjeGted usage (tFaffiG studies) using generally aGGepted iRdwstpy
prepased;
induding, bUt RGt limited to aRy assumptiens made abeut ambient tFee height;
as a Gepy ef the five and ten year build GLA PIaR required by the FGr—,
ems;
(6) The maximum tF )weF Gapability E)f all radies, as designed, if the
(9) The legal eame, °ddrocc nhnno number, all neGessnry nnn#an# infnrmo#inn of the
pmpe ty-evw�ner if the a ReF of he strun#„re is different than the annlinant;
Rumber of the pmpeFtyj
(!` A GGPY Of the FGG flGeRse appliGable fnr the intended use of the fanilifi
situated;
/14\ The the an which the stn,rture to he attanhed t9 2S leGated
stated both in square feet and aGFes and peFin;eteF!Gt NRe dimeRsiGns, and a
SUN8Y ShGWiRg the !GGatien of all 19t r e area o e nrnner r r and
eas ementS;'a�rnrd ' '
/•15\ The legation size and height of all evicting and nrnnnsed ctn,ct„res on tha
AppliGation;
(D) Standards of Evaluation
I
11\ In order to nrntent the nafi,re and nhnronter of the rnmmi,nity to therein the fanlity
shall be mounted Gn the faGme, URIess it Gan be proven that 66IGh attaGhment will
other strunture
Orange County, North Carolina—Unified Development Ordinance Page 5-80
Article 5: Uses
Section 5.10:Standards for Telecommunication Facilities 20
(2) If nn antenna is nrepGse l to be .•ttaGhe d to a water tank, }hen in ord fn
main tain the GuFFen}nrnfiln anrd height of the taRk the on}nnn2 mo rn}'nn ran the
the nrGVi inn of eMGe
possible, and theFeby have the least adverse visual GffeGt and GFeate the least
fntru ive Rr le..estpref;le er viSAal silhouette reasenabhy Pessible, all aRteRRaG
teGhRiGally, with haFd data and a detailed RaFFative, that flush MGURtiRg Gan Rot
of
[dFawin9 hew it shall effn }i ely h ff and snr n from view the base rJ II
}o a height of don feet
the use of b iildiRg mn} Fials n Inr and textures rdo ig and to hl rd with the
646IGklre to whiGh it may be affixed and te haFMGRize with the Ratu;al
Safety GGde and the National E!eGtFiGal Code where apppepFiate.
exiStiRg Foads, whetheF publiG or private, shall be made te the extent ppaGtiGable.
5.10.7 Antennas Not Located on Wireless Telecommunications Support Structures
(A) General Standards
(1) To minimize adverse visual impacts, stealth antenna types shall be preferred. If
a non-stealth antenna is proposed, the application shall be required to
demonstrate, in a technical manner acceptable to the Planning Director, why the
stealth antenna (i.e. an antenna incorporated into the architecture of the building
or fully screened from view from sight proximate to the antenna)cannot be used
for the particular application. This does not preclude a combination of the
various types of antennas.
(2) Antenna dimensions shall be subject to approval by the Planning Director. A
statement shall be submitted, prepared by a professional engineer competent to
evaluate antenna choices, to certify the technical need for the required
dimensions.
Orange County, North Carolina—Unified Development Ordinance Page 5-81
Article 5: Uses
Section 5.10:Standards for Telecommunication Facilities 21
(3) Prior to the issuance of a Building Permit by the Inspections Division, the
application shall provide evidence that the wireless telecommunication support
structure or antennas are in compliance with FAA regulations. Where an
antenna will not exceed the highest point of the existing structure upon which it is
to be mounted, such evidence shall not be required.
(B) Standards for Stealth Rooftop or Building,Water Tower, or Transmission Line
Mounted Antennas
In addition to the standards established in Subsection A above, the following are
applicable to all Stealth Rooftop or Building, Water Tower, or Transmission Line Mounted
Antennas:
(1) Antennas shall not exceed 20 feet above the roofline of the building or support
structure, water tank, or transmission line;
(2) Commercial advertising shall not be allowed on an antenna;
(3) Signals, lights, or illumination shall not be permitted on an antenna, unless
required by the FCC or the FAA;
(4) Any related unstaffed equipment building shall not contain more than 600 square
feet of gross floor area per user or exceed 12 feet in height;
(5) Documentation shall be required denoting that the erection of an antenna will not
compromise the structural integrity of the building,water tank, or transmission
lid
(6) If an antenna is erected on a transmission line, documentation shall be required
outlining that the antenna will not interfere, or be interfered with, by the normal
operating characteristics of the transmission line;
y,(�'__If the equipment building is located on the roof of the building, the area of the
equipment building shall not occupy more than 25% of the roof area, and shall
comply with all State of North Carolina Building Code requirements for the
proposed and existing building; and
{': a Approval of the Planning Director to ensure consistency with the definition of
stealth facility is required. Each application shall contain a rendering or
photograph of the antenna including, but not limited to, colors and screening
devices.
(C) Standards for Non-Stealth Rooftop or Building,Water Tank, or Transmission Line
Mounted Antennas
In addition to the standards established in Sub-Section (A) above, the following are
Iapplicable to all Non-Stealth Rooftop oF Building Mounted Antennas:
(1) Antennas shall not exceed 20 feet above the roofline of the subject building or
support structure, water tank, or transmission line;
(2) Antennas shall only be permitted on buildings or structures that are at least 33
feet tall. Antennas may be placed on buildings less than 33 feet tall if public
safety needs warrant the antenna;
(3) Antennas, and related equipment buildings, shall be located or screened to
minimize the visual impact of the antenna upon adjacent properties and shall be
of a material or color which matches the exterior of the building or structure upon
which it is situated;
(4) Commercial advertising shall not be allowed on an antenna;
(5) Signals, lights, or illumination shall not be permitted on an antenna, unless
required by the FCC or the FAA;
(6) Any related unstaffed equipment building shall not contain more than 600 square
feet of gross floor area per user or be more than 12 feet in height;
Orange County, North Carolina—Unified Development Ordinance Page 5-82
Article 5: Uses
Section 5.10: Standards for Telecommunication Facilities 22
(7) If the equipment building is located on the roof of the building, the area of the
equipment building shall not occupy more than 25%of the roof area, and shall
comply with all State of North Carolina Building Code requirements for the
proposed and existing building;
(8) Antennas may be located on utility poles pursuant to the following regulations:
(a) The maximum height of the pole with antenna shall not exceed 70 feet in
height.
(b) The utility poles shall be located on public property, within public
easements, or public rights-of-way.
(c) The antenna shall be of a size and placement that is structurally
compatible with the engineering design of the pole pursuant to the North
Carolina State Building Code and attested to by a professional engineer
licensed in the State of North Carolina, and competent to evaluate
antenna choices.
(d) The antenna shall not extend more than ten feet above the existing pole
height. If the pole is replaced to withstand the addition of
telecommunications equipment, then the same restriction shall apply
except that the utility pole may be 20 feet higher than the adjacent pole
heights.
(e) Placement of an antenna on a utility pole shall only be on poles owned or
operated by a public utility authorized to operate in the County, a County
franchisee, or Orange County.
(f) All relocation costs associated with any relocation of the antenna
necessitated by roadway or sidewalk improvements shall be borne by
the telecommunications provider.
(D) Fees and- AgFeements
0) A filing fee as set by the QFange County BeaFd ef Gemmi6sieners shall be paid
(3) PubliG land OF right of way lease agFeements will be established by sepaFate
inc.+.,,men+ 1-7
5.10.8 Wireless Telecommunications Support Structures—Submittal and Review Requirements:
(A) General Submittal Requirements for all Telecommunication Support Structures: 18
(1) Submittal Requirements
(a) A site plan and site plan application package prepared in accordance
with Section 2.5 shall be presented for approval to the Planning Division
including all requirements for site development plan approval as
required. 19
17 Moved to a new central location within the Ordinance.
18 The County essentially requires the same information for a telecommunication support structures. These
standards are repeated several times throughout this Section. Staff is proposing to group them here and avoid
unnecessary repetition.
19 Moved from Section 5.10.6(B)Administrative Approval and 5.10.8(A)(1)of the existing Ordinance
Orange County, North Carolina—Unified Development Ordinance Page 5-83
Article 5: Uses
Section 5.10: Standards for Telecommunication Facilities 23
(b) A detailed description of the proposed telecommunication support
structure(i.e. monopole, self-supporting lattice, etc.) including a detailed
narrative description and explanation of the specific objective(s) for the
new facility including a description as to the coverage and/or capacity,
technical requirements, and the identified boundaries of the specific
geographic area of intended coverage for the proposed
telecommunication support structure.
(c) Elevation drawings and color renderings of the proposed tower showing:
0) The vertical rendition of the telecommunication support
structure(s) identifying all users and attachments,
(ii) All related fixtures, structures, appurtenances and apparatus
including the height of said structures above the lowest adjacent
pre-existing grade,
(iii) The materials that will be used on site for said structures
including their color and any proposed lighting and shielding
devices, and
(iv) If the facility is intended to be a stealth, as defined herein, the
colors and screening devices for the Planning Director to verify
consistency with applicable definitions.
(d) A signed statement from the applicant certifying that the proposed
telecommunication support structure:
(i) Shall be maintained in a safe manner,
(ii) Is in compliance with all conditions of all applicable permits and
authorizations without exception, and
(iii) Is in compliance with all applicable and permissible local, State,
and Federal rules and regulations. 20
(e) A statement, prepared by a professional engineer licensed in the State of
North Carolina, which through rational engineering analysis, certifies the
tower's compliance with applicable standards as set forth in the State of
North Carolina Building Code, and any associated regulations; and
describes the tower's capacity, including an example of the number and
type of antennas it can accommodate.
(f) A statement stating how the proposed tower will minimize visual
intrusiveness to surrounding properties in the area. Criteria that may be
used for such evidence may be height and type of existing trees
surrounding the proposed tower, and local topography.
(g) A copy of the installed foundation design including a geotechnical sub-
surface soils investigation, evaluation report, and foundation
recommendation for the proposed wireless support structure.
(h) The existing cell sites (latitude, longitude, power levels)to which this
proposed site will be a handoff candidate.
(i) Propagation studies of the proposed site and showing all adjoining
planned, proposed, in-service or existing sites. This will include all of the
modeling information used to produce the study including, but not limited
to, any assumptions made about ambient tree height.
(j) The search ring utilized in finding the proposed site.
20 Moved from Section 5.10.6(B)(3)of the UDO
Orange County, North Carolina—Unified Development Ordinance Page 5-84
Article 5: Uses
Section 5.10:Standards for Telecommunication Facilities 24
(k) The number, type, height, and model of the proposed antennas along
with a copy of the applicable specification sheet(s).
(1) The make, model and manufacturer of the tower and antenna(s),
antenna heights and power levels of proposed site. This will include
documentation establishing the azimuth, size, and centerline height
location of all proposed and existing antennas on the structure.
(m) The frequency, modulation and class of service of radio or other
transmitting equipment.
(n) The maximum transmission power capability of all radios, as designed, if
the applicant is a cellular or functional equivalent carrier, or the maximum
transmission power capability, as designed, of all transmission facilities if
the applicant is not a cellular or functional equivalent carrier.
(o) The actual intended transmission and the maximum effective radiated
power of the antenna(s).
(p) The direction(s)of maximum lobes and associated radiation of the
antenna(s).
(q) Certification that the NIER levels at the proposed site are within the
threshold levels adopted by the FCC.
(r) Certification that the proposed antenna(s)will not cause interference with
other telecommunications devices.
(s) A written affidavit stating why"the proposed site is necessary for their
communications service"(e.g., for coverage, capacity, hole-filling, etc.)
and a statement that there are no existing alternative sites within the
provided search ring and there are no alternative technologies available
which could provide the proposed telecommunications service need
without the tower.
(t) A copy of the FCC license applicable for the intended use of the facility
as well as a copy of the 5 and 10 year building out plan required by the
FCC.
Some or all of items listed in (h)through (r)may be required to be provided on a
propagation study data form to be provided by the County.
I (2) Additional Submittal Requirements—Co-location of Antennas: Z'
In addition -
to the requirements denoted herein applications i
q pP
at ons for the co location of
antennas on existing structures shall be required to submit the following:
(a) The age of the existing tower in years, including the date of the grant of
the original permit or authorization for the existing tower;
(b) For a wireless support structure that is five years old or older, or for a
guyed structure that is three years old or older, a copy of the latest ANSI
Report done pursuant to the latest edition of ANSI-EIAMA 222F—Annex
E for any self-supporting tower. If an ANSI report has not been done
pursuant to the preceding schedule, an ANSI report shall be done and
submitted as part of the application. No Building Permit shall be issued
for any wireless support structure where the structure being attached to
is in need of remediation, unless and until the County Planning and
Inspections Department has approved all remediation work needed has
been completed or a schedule for the remediation work.
21 This information was previous buried within Section 5.10.6 and 5.10.8. Staff is proposing to locate applicable
regulations into this central section.
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Article 5: Uses
Section 5.10: Standards for Telecommunication Facilities 25
(c) A Structural Report signed by a Professional Engineer licensed to do
business in the State and bearing that engineer's currently valid stamp,
showing the structural adequacy of the wireless support structure to
accommodate the proposed modification or antenna array Collocation,
including any equipment shelter, unless the equipment shelter is located
on the lowest floor of a building;
(d) If attaching to a structure other than a tower or where the proposed
attachment is within 30 feet of areas to which the public has or could
reasonably have or gain access to, documentation shall be provided,
including all calculations, proving that the potential exposure to RF
radiation (i.e. Non-Ion Emitting Radiation), will be comply with the most
recent FCC regulations governing RF radiation and exposure thereto,
and further denoting the minimum distance from any antennas an
individual may safely stand without being exposed to RF radiation in
excess of the FCC's permitted standards and any portion(s) of the
structure that would be exposed to RF radiation in excess of the FCC's
permitted standards. Compliance with the FCC's regulations, in such an
instance the RF radiation from all facilities at that location shall be
included in the calculations to show the cumulative effect on any area of
the building or structure deemed accessible by the public or workers.
Such report or analysis shall be signed and sealed by a Professional
Engineer licensed in the State.
(e) If the modification or antenna array Collocation is 30 feet or more above
ground level, then a signed document such as the FCC's "Checklist to
Determine whether a Wireless support structure may be Categorically
Excluded" shall be provided to verify that the modification or antenna
array co-location will fully comply with the current FCC's RF emissions
regulations. If not categorically excluded, a complete RF emissions study
is required to enable compliance verification, including providing all
calculations so that such may be verified prior to issuance of a Building
Permit;
If any section or portion of the structure to be attached to is not in
compliance with the FCC's regulations regarding RF radiation, that
section or portion must be barricaded with a suitable barrier to
discourage approaching into the area in excess of the FCC's regulations,
and be marked off with yellow and black striped warning tape or a
suitable warning barrier, as well as placing RF radiation signs as needed
and appropriate to warn individuals of the potential danger;
(f) A signed statement that the applicant will expeditiously remedy any
physical or RF interference with other telecommunications or wireless
devices or services caused by the new installation.
(3) Standards of Evaluation—Co-locations and Towers Requiring
Administrative Approval: 22
(a) A proposed tower shall not be permitted if it is not substantially
necessary for the telecommunications service need identified pursuant to
the standards of this Ordinance.
(b) Tower height shall be measured from the base of the tower to the
highest point of the proposed antenna(s), with lightening rod, to be
located atop the tower structure.
(c) Telecommunications towers shall conform with all of the requirements of
this Ordinance.
zz
Moved from 5.10.6(B)and 5.10.8(A)(2).
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Section 5.10: Standards for Telecommunication Facilities 26
(d) All towers shall be engineered to allow for co-locations. No co-locator
shall be refused access for co-location by charging exorbitant lease fees.
Public safety provider co-locations shall take priority over other co-
locators.
(e) A telecommunications consultant shall provide Planning Staff assistance
on exorbitant rate leases.
(f) All wireless support structures shall satisfy all applicable public safety,
land use, or zoning issues required in this Ordinance, including
aesthetics, landscaping, land-use based location priorities, structural
design, setbacks, and fall zones.
(g) Applicants shall evaluate the reasonable feasibility of collocating new
antennas and equipment on an existing structure or structures within the
applicant's search ring.
(h) Prior to issuing a building permit for the collocation of an antenna array
on an existing facility, an applicant shall demonstrate that the collocation
is located appropriately on the facility with the overall goal being to
preserve the carrying capacity of the facility for future collocations and to
minimize the visual intrusiveness and impact, including the profile of the
facility.
(i) In determining the necessary height for a facility, or the height of a
collocation on a facility, the signal strengths analyzed shall be the
threshold or lowest signal strength at which the customer equipment is
designed to function, which may be required to be determined by the
manufacturer's published specifications for the customer equipment.
(j) Approval of the Planning Director to verify consistency with the definition
of stealth facility is required.
(k) All telecommunications towers shall be placed in heavily wooded areas
on the site to the maximum extent possible so as to lessen the visual
intrusiveness of the structure and accessory structures.
(1) No tower shall be permitted to exceed its designed loading capacity. For
all wireless support structures attached to existing structures, the
engineer certification statement shall include certification that the
structure can support the load superimposed from the wireless support
structure. All wireless support structures shall have the capacity to
permit multiple users; at a minimum monopole wireless support
structures shall be structurally designed to accommodate four users and
self-supporttlattice or guyed wireless support structures shall, at a
minimum accommodate three users.
(B) General Submittal Requirements—Special Use Permits 23
In addition to the general submittal requirements detailed herein and the specific
submittal requirements for all Special Use Permit applications detailed within Section 2.7
of this Ordinance, applicants shall be required to adhere to the following:
(1) Overall Policy and Desired Goals
23 The same requirements/standards currently contained within Section 5.10.8(B)—colored green to denote being
moved into the proposed,revised format.
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Article 5: Uses
Section 5.10: Standards for Telecommunication Facilities 27
The overall policy and desired goals for Special Use Permits for wireless
telecommunications support structures shall be promoting and encouraging,
wherever possible, the following:
(a) Alternatives to constructing new wireless support structures, including
but not limited to the co-location of wireless telecommunications
equipment and mitigating the visual effect of a wireless
telecommunication support structure to an extent not commercially
impracticable; and
(b) The placement, height and quantity of wireless telecommunications
towers and equipment in such a manner, including but not limited to the
use of stealth technology or camouflage techniques, to minimize adverse
aesthetic and visual impacts on the land, property, buildings, and other
facilities adjacent to, surrounding, and in generally the same area as the
requested location of such wireless telecommunications support
structure, which shall mean using the least visually and physically
intrusive facility that is not technologically or commercially impracticable
under the facts and circumstances.
(2) Balloon Test
(a) The applicant shall, at least six weeks prior to a Class B Special Use
Permit public hearing and at least 11 weeks prior to a Class A Special
Use Permit public hearing, conduct a balloon test whereby the applicant
shall arrange to fly, or raise upon a temporary mast, a minimum of 10'3"
in length, brightly colored red or orange balloon at the maximum height
of the proposed new wireless support structure.
(b) The balloon test shall be flown for at least four consecutive daylight
hours starting sometime between 10:00 A.M. and 2:00 P.M. on the dates
chosen.
(c) A notice of the dates (including a second date in case of poor visibility,
weather or atmospheric conditions on the initial date), times, and location
of the balloon test shall be mailed, by certified mail, return receipt
requested, by the applicant, to all persons owning property within 1,000
feet of the subject parcel no less than 14 days in advance of the first test
date. The data contained within the office of Orange County Land
Records shall be used as the primary source for determining which
residents are to receive notice of the balloon tests.
(d) The primary date shall be on a weekend (excluding legal holidays), but to
prevent delays in the processing of the application, and in case of poor
weather or atmospheric conditions on the initial date, the secondary
date may be a weekday.
(e) The applicant shall inform the County Planning Staff, in writing, of the
dates and times of the test at least 14 days in advance.
(f) The applicant shall also post a sign on the subject property, and
directional signs posted at locations to be determined by Planning Staff.
The signs shall measure no more than nine square feet in area and no
less than four square feet in area, giving the contact information of the
County Planning Department, the proposed dates, times, and location of
the balloon test. The signs shall be posted to meet the same time limits
as provided for in the balloon test notification as stated above.
(3) Submittal Requirements
In addition to the information required herein as well as Section 2.7, the following
shall be submitted as part of the application:
(a) A site plan showing the following:
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Section 5.10:Standards for Telecommunication Facilities 28
(i) The entire site (including property boundary lines) and size of all
existing structures within 500 feet of the site,
(ii) Existing and proposed structures on site,
(iii) The fall zone of the tower,
(iv) Existing and proposed topography at a contour interval of five
feet and
(v) Any officially designated floodways and floodplains, or the
presence of alluvial soils.
(b) Plans, and elevations for all proposed structures and descriptions of the
color and nature of all exterior material, along with the make, model, and
manufacturer of the proposed structure, maximum antenna heights, and
power levels.
(c) A Landscape and Tree Preservation Plan drawn at the same scale as
the site plan, showing the existing and proposed trees, shrubs, ground
cover and other landscape materials. This plan shall minimize adverse
visual effects of wireless telecommunications support structures and
antennas through careful design, siting, landscape screening and
innovative camouflaging techniques.
(d) Evidence that the applicant has investigated the possibilities of placing
the proposed equipment on an existing wireless support structure. Such
evidence shall consist of:
(i) A listing of all wireless telecommunications support structures
within a two mile radius of the proposed wireless support
structure site and a listing of all wireless support structure, utility
poles and other structures in the vicinity of the proposed facility
that are technically feasible for utilization by the applicant to fill
all or a substantial portion of the telecommunications service
need identified by the Applicant pursuant to section
5.10.8(A)(1)(n). Documents shall be submitted at the time of
application filing that indicates the applicant's ability or inability to
co-locate on the identified tower(s)and reasons why.
(ii) Delineation of the boundaries of the maximum search ring within
which the telecommunication equipment can function as
intended. The following information shall be provided for all
existing wireless support structures within the search ring:
a. Wireless telecommunication support structure height;
b. Existing and planned wireless support structure users;
C. Whether the existing wireless telecommunication
support structure could accommodate the
telecommunication equipment to be attached to the
proposed wireless support structure without causing
structural instability or radio frequency interference; and
d. If the proposed telecommunication equipment cannot be
accommodated on the existing wireless
telecommunication support structure, assess whether
the existing wireless support structure could be
structurally strengthened or whether the antennas
transmitters and related equipment could be protected
from electromagnetic interference, and generally
describe the means and projected cost of shared use of
the existing wireless support structure; and
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Article 5: Uses
Section 5.10: Standards for Telecommunication Facilities 29
e. Any restrictions or limitations of the FCC or FAA that
would preclude the shared use of the wireless support
structure;
f. Propagation studies of all adjoining planned, proposed,
in-service, or existing sites, and;
g. Any additional information requested by the County.
(iii) A summary explanation of why proposed telecommunication
equipment cannot be located on any of the existing wireless
support structures in the search ring.
(e) Documentation from applicable state or federal agencies indicating
requirements, which affect the appearance of the proposed wireless
support structure, such as lighting and coloring.
(f) Draft bond which will guarantee the removal of the wireless support
structure in the event that it is abandoned or unused for a period of 12
months.
(g) A listing of, and current tax map identifying, all property owners within
1,000 feet of the parcel and addressed, first class stamped envelopes to
the property owners for notifications of the public hearing in accordance
with Sections 2.7.5 and 2.7.6 of this Ordinance.
(h) A report containing any comments received by the applicant in response
to the balloon test along with color photographs from various locations
around the balloon.
(i) Evidence that the balloon test requirement has been met, including a
notarized statement and listing of the property owners notified of the test,
a copy of a current Orange County Tax Map showing the subject
property and all properties within the notification ring, and copies of the
certified mail returned receipts from the mail-out.
(j) A notarized statement that the sign posting requirement has been met.
(k) Photographs of a clearly visible balloon floated at the proposed tower
location to the maximum height of the tower, as well as photographs with
the proposed tower and associated antennas superimposed upon them
showing what the proposed tower will look like. Photographs shall be
taken from locations such as: property lines, and/or nearby residential
areas, historic sites, roadways, including scenic roads and major view
corridors, and other locations as deemed necessary by the Planning
Staff to assess the visual impact of the proposed tower.
(I) The Special Use Permit application shall include a statement that the
facility and its equipment will comply with all federal, state and local
emission requirements.
(m) An Applicant may be required to submit an Environmental Assessment
Analysis and a Visual addendum. Based on the results of the Analysis,
including the Visual addendum, the County may require submission of a
more detailed visual analysis. The scope of the required Environmental
and Visual Assessment will be reviewed at the pre-application meeting.
(n) If required, a Visual Impact Assessment, which shall include:
(i) A"Zone of Visibility Map" shall be provided in order to determine
locations from which the tower may be seen.
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Article 5: Uses
Section 5.10: Standards for Telecommunication Facilities 30
(ii) Panorama photo simulations of the proposed wireless support
structure, superimposed on the existing landscape, to scale,
showing "before and after" views including but not limited to
State highways and other major roads; State and local parks;
other public lands; historic districts; preserves and historic sites
normally open to the public; and from any other location where
the site is visible to a large number of visitors, travelers or
residents
(iii) An assessment of the visual impact of the wireless support
structure base, guy wires and accessory buildings from abutting
and adjacent properties and streets shall be considered to
determine the need of screening.
(o) All applications shall contain a demonstration that the wireless support
structure is sited so as to have the least visually intrusive effect
reasonably possible and thereby have the least adverse visual effect on
the environment and its character, on existing vegetation, and on the
residences in the area of the telecommunications tower.
(p) A statement, prepared by a professional engineer licensed in the State of
North Carolina, which through rational engineering analysis, certifies the
tower's compliance with applicable standards as set forth in the State of
North Carolina Building Code, and any associated regulations; and
describes the tower's capacity, including an example of the number and
type of antennas it can accommodate.
(4) Standards of Evaluation
(a) The telecommunications equipment planned for the proposed wireless
support structures cannot be accommodated on an existing wireless
support structures due to one or more of the following reasons:
(i) The planned equipment would exceed the structural capacity of
existing and approved wireless support structures, considering
existing and planned use of those wireless support structures
and the wireless support structures cannot be reinforced to
accommodate planned or equivalent equipment at a reasonable
cost.
(ii) The planned equipment would cause radio frequency
interference with other existing or planned equipment for these
wireless support structures, and the interference cannot be
prevented at a reasonable cost.
(iii) Existing or approved wireless support structures do not have
space on which the equipment can be placed so it can function
effectively and reasonably in parity with similar existing or
approved equipment.
(iv) No tower or other suitable facility exists in an area where the
equipment to be placed on the tower will function in its intended
manner.
(b) Location of Wireless Support Structures
(i) Applicants for facilities shall locate, site and erect said facilities
according to the following priorities, in the following order:
a. On existing County-owned facilities without increasing
the height of the tower or structure.
b. On existing Facilities without increasing the height of the
tower or structure.
C. On County-owned properties or facilities.
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Section 5.10: Standards for Telecommunication Facilities 31
d. On properties in areas zoned for commercial or industrial
use.
e. On properties in areas zoned Agricultural Residential
(AR).
f. On properties in areas zoned for residential use.
(ii) If an Applicant proposes to place telecommunications equipment
at a location that is not a preferred priority 1 site, then the
Applicant must provide a detailed explanation as to why a higher
priority site is not proposed. The explanation shall be in the form
of a written report demonstrating the Applicant's review of the
above locations in order of priority and the reason(s) for the site
selection. The explanation shall, at a minimum, include the
information required by section 5.10.8(B)(3)(e).
(iii) The application shall not be approved unless it demonstrates
that the telecommunications equipment may not be sited at a
higher priority site because of commercial impracticability or
because no higher priority site is available that would serve to
provide the telecommunications service need identified by the
Applicant as provided for in section 5.10.8(A)(1)(n).
(iv) An Applicant may not by-pass sites of higher priority merely
because the site proposed is the only site leased or selected.
Agreements between providers limiting or prohibiting co-location
shall not be a valid basis for any claim of commercial
impracticability.
(v) Notwithstanding that a potential site may be situated in an area
of highest priority or highest available priority, an application
shall not be approved if it conflicts with the provisions and
requirements of this Ordinance.
(vi) Wireless support structures shall not be located within one-half
(%2) mile of any existing monopole, lattice or guyed wireless
telecommunications support structure.
a. An exception may be allowed when the applicant can
sufficiently demonstrate that:
i. Appropriate space on the existing
telecommunication wireless support structure is
not available; or
ii. The applicant has made good faith effort to
negotiate an agreement with the owner of the
existing wireless telecommunication support
structure and has been unsuccessful, which
must be documented in writing; or
iii. The telecommunication equipment on the
existing wireless telecommunication support
structure is not compatible with the proposed
telecommunication equipment of the applicant;
or
iv. Adequate coverage by the applicant cannot be
met at the location of the existing wireless
telecommunication support structure; or
V. The existing wireless telecommunication support
structure cannot be reasonably modified to
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Section 5.10:Standards for Telecommunication Facilities 32
accommodate additional co-location by the
applicant.
b. Exceptions shall only be allowed after a thorough
analysis of the search area, provided by the applicant is
performed by the County's consultant or Staff, indicating
that coverage is not possible on an existing wireless
support structure at the four-carrier capacity or other
user capacity that can be achieved. There must be an
80% approval vote of the deciding board for this specific
finding to pass the exception criteria.
(c) Setbacks
(i) Within or adjacent to residential zoning districts, minimum
setbacks from the base of the wireless support structure to the
property boundary shall be equal to 110%of the wireless support
structure height.
(ii) If the wireless support structure is proposed as an accessory use
to a residential use, the setback shall be 110% of the wireless
support structure height from any residence or dwelling unit on
the subject property.
(iii) Adjacent to non-residential uses or non-residential zoning
districts, minimum setbacks from the base of the wireless
support structure to the property boundary shall be the greater of
20%of the tower height, or the minimum required setback.
(iv) All buildings and other structures to be located on the same
zoning lot as a telecommunication tower wireless support
structure shall conform with the setbacks established for the
zoning district or as established through the subdivision process,
whichever is greater.
(d) Access
(i) At a wireless telecommunications support structure site, an
access road, turn around space and parking shall be provided to
assure adequate emergency and service access.
(ii) Maximum use of existing roads, whether public or private, shall
be made to the extent practicable.
(iii) Road construction shall, at all times, minimize ground
disturbance and the cutting of vegetation.
(iv) Road grades shall closely follow natural contours to assure
minimal visual disturbance and reduce soil erosion.
(e) Landscaping and Buffers
(i) A Type C Landscape Buffer shall be provided between the
wireless support structures and its accessory structures and
adjoining property/properties.
(ii) Existing vegetation may be removed only to the extent
necessary to accommodate the wireless support structures,
equipment buildings, and support structures such as guy wires.
(iii) Plantings around the compound perimeter, outside of any fence
or wall, shall be composed entirely of fast growing evergreen
vegetation.
(iv) New plantings and existing vegetation used for screening shall
be at least six feet in height or greater at planting.
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Article 5: Uses
Section 5.10: Standards for Telecommunication Facilities 33
(v) Proposed plantings (name, type, height) shall be shown on the
Landscape Plan for the facility.
(vi) Landscaping shall provide a screen on a year-round basis.
(f) The visibility of the balloon to adjacent properties and the surrounding
area shall not constitute sole justification of denial of a permit application,
but is an indication of what location on the site may be less visually
intrusive.
(g) The applicant shall demonstrate and provide a description in writing and
by drawing how it shall effectively screen from view the base and all
related equipment and structures of the proposed facility.
(h) The site plan shall indicate a location for at least two equipment buildings
in addition to that proposed for use by the applicant.
(i) All utilities at a facility site shall be installed underground and in
compliance with all Laws, ordinances, rules and regulations of the
County, including specifically, but not limited to, the National Electrical
Safety Code and the National Electrical Code where appropriate.
(j) All wireless support structures shall satisfy all applicable public safety,
land use, or zoning issues required in this Ordinance, including
aesthetics, landscaping, land-use based location priorities, structural
design, setbacks, and fall zones.
(k) Fences and Walls
(i) An eight foot fence or wall shall be required around the base of
any wireless support structures. This fence or wall shall
encompass all accessory equipment within the compound.
(ii) Fences shall be required around guy wire tie downs
(iii) A fence or wall may be placed around the perimeter of the facility
to include guy wire tie downs and associated equipment should
the applicant/owner wish to do so.
(1) The communications tower is structurally designed to support additional
users as provided for in Section 5.10.8(A)(2)(d), and the Special Use
Permit includes a statement that the owner of the wireless support
structure is willing to permit other user(s) to attach communication
equipment which do not interfere with the primary purpose of the
wireless support structure, provided that such other users agree to
negotiate a reasonable compensation to the owner from such liability as
may result from such attachment.
(m) To minimize the number of antenna arrays and thus the visual impact,
the County may require the use of dual mode antennas to be used,
including by two different carriers, unless it can be proven that such will
not work technologically and that such would have the effect of
prohibiting the provision of service in the County.
(n) Structures shall be galvanized and/or painted with a rust-preventive paint
of an appropriate color to harmonize with the surroundings.
(o) Both the wireless telecommunications support structure and any and all
accessory or associated telecommunication equipment and related
facilities shall maximize the use of building materials, colors and textures
designed to blend with the structure to which it may be affixed and/or to
harmonize with the natural surroundings, this shall include the utilization
of stealth technology as may required by the County.
(p) Antennas
Orange County, North Carolina—Unified Development Ordinance Page 5-94
Article 5: Uses
Section 5.10:Standards for Telecommunication Facilities 34
(i) All new or replacement antennas, except omni-directional whip
antennas, shall be flush-mounted or as close to flush-mounted
as is technologically possible on any facility, so long as such
does not have the effect of prohibiting the provision of service to
the intended service area, alone or in combination with another
site(s), unless the applicant can prove that it is technologically
impracticable.
(ii) If attached to a building, all antennas shall be mounted on the
facie of the building and camouflaged so as to match the color
and, if possible, texture of the building or in a manner so as to
make the antennas as visually innocuous and undetectable as is
possible given the facts and circumstances involved.
(q) Lighting
(i) The wireless support structures will not be artificially lighted
unless required by the FAA, FCC or other federal or state
agency. Where such agencies allow a choice between painting
the tower or installing strobe lighting, painting shall be the
preferred choice.
(ii) If lighting is legally required or proposed, the applicant shall
provide a detailed plan for sufficient lighting of as unobtrusive
and inoffensive an effect as is permissible under State and
federal regulations.
(iii) For any facility for which lighting is required under the FAA's
regulations, or that for any reason has lights attached, all such
lighting shall be affixed with technology that enables the light to
be seen as intended from the air, but that prevents the ground
scatter effect so that it not able to be seen from the ground to a
height of at least 12 degrees vertical for a distance of at least
one mile in a level terrain situation. Such device must be
compliant with or not in conflict with FAA regulations. A physical
shield may be used, as long as the light is visible from the air, as
intended by the FAA.
(iv) All outdoor lighting not regulated by the FCC shall comply with
the Outdoor Lighting Standards set forth in Section 6.11 of this
Ordinance.
(r) The tower and antenna will not result in a significant adverse impact on
the view of or from any historic site, scenic road, or major view corridor.
(s) Facilities, including antennas, towers and other supporting structures,
such as guy anchor points and wires, shall be made inaccessible to
individuals and constructed or shielded in such a manner that they
cannot be climbed or collided with; and transmitters and
telecommunications control points shall be installed in such a manner
that they are readily accessible only to persons authorized to operate or
service them.
(t) All abandoned communication wireless support structures shall be
removed within 12 months of the cessation of use. A bond or other
security guaranteeing the removal of the tower in the event that it is
abandoned or unused for a period of 12 months shall be posted. A cost
estimate shall be provided by a qualified General Contractor licensed in
the State of North Carolina. The amount of the security shall be 110%of
the estimate.
(u) A determination shall be made that the facility and its equipment will
comply with all federal, state and local emission requirements, and the
Orange County, North Carolina—Unified Development Ordinance Page 5-95
Article 5: Uses
Section 5.10: Standards for Telecommunication Facilities 35
Special Use Permit shall include a statement that the facility and its
equipment will comply with all federal, state and local emission
requirements.
(v) Electro-Magnetic Radiation Levels
(i) The Special Use Permit shall include a condition that the electro-
magnetic radiation levels maintain compliance with requirements
of the FCC, regarding emission of electromagnetic radiation.
(ii) Within 30 days of installation of equipment on the tower, and
within 30 days of the installation of any additional equipment in
the future, the tower owner shall provide documentation of
emission levels in relation to FCC standards.
(iii) In addition, the tower owner must provide documentation of
emission levels within five working days if so requested by
Orange County.
(iv) Orange County may make such requests at any time, not to
exceed two times per year.
(w) "High Voltage", "No Trespassing"and Other Signs
(i) If high voltage is necessary for the operation of the
telecommunications tower or any accessory structures, "HIGH
VOLTAGE - DANGER" warning signs shall be permanently
attached to the fence or wall and shall be spaced no more than
40 feet apart.
(ii) "NO TRESPASSING" warning signs shall be permanently
attached to the fence or wall and shall be spaced no more than
40 feet apart.
(iii) The letters for the "HIGH VOLTAGE - DANGER" and "NO
TRESPASSING" warning signs shall be at least six inches in
height. The two warning signs may be combined into one sign.
The warning signs shall be installed at least five feet above the
finished grade of the fence.
(iv) The warning signs may be attached to freestanding poles if the
content of the signs would, or could, be obstructed by
landscaping. Signs noting federal registration (if required) shall
be attached to the tower structure in compliance with federal
regulation.
(v) Facilities shall contain a sign no larger than four square feet to
provide adequate notification to persons in the immediate area of
the presence of RF radiation or to control exposure to RF
radiation within a given area.
(vi) A sign no larger than four square feet containing the name(s) of
the owner(s) and operator(s) of the antenna(s) as well as
emergency phone number(s) shall be installed. The sign shall
be on the equipment shelter or cabinet of the applicant and be
visible from the access point of the site and must identify the
equipment owner of the shelter or cabinet.
(vii) On tower sites, an FCC registration sign, as applicable, is also to
be present. The signs shall not be lighted, unless applicable law,
rule or regulation requires lighting.
(viii) The use of any portion of a tower for signs or advertising
purposes including company name, banners, streamers, etc.
shall be strictly prohibited.
Orange County, North Carolina—Unified Development Ordinance Page 5-96
Article 5: Uses
Section 5.10:Standards for Telecommunication Facilities 36
(x) Mobile or immobile equipment not used in direct support of a tower
facility shall not be stored or parked on the site of the telecommunication
tower, unless repairs to the tower are being made.
(5) Bond Security
(a) The applicant and the owner of record of any proposed facility property
site shall, at its cost and expense, be jointly required to execute and file
with the County a bond, or other form of security acceptable to the
County as to type of security and the form and manner of execution, in
an amount of at least $75,000.00 for a tower and with such sureties as
are deemed sufficient by the County to assure the faithful performance of
the terms and conditions of this Section and conditions of any Special
Use Permit issued pursuant to this Section.
(b) The full amount of the bond or security shall remain in full force and
effect throughout the term of the Special Use Permit and/or until any
necessary site restoration is completed to restore the site to a condition
comparable to that, which existed prior to the issuance of the original
Special Use Permit.
(6) Liability Insurance
(a) A holder of a Special Use Permit for a wireless support structure shall
secure and at all times maintain public liability insurance for personal
injuries, death and property damage, and umbrella insurance coverage,
for the duration of the Special Use Permit in the following amounts:
(i) Commercial General Liability covering personal injuries, death
and property damage: $1,000,000 per occurrence/$2,000,000
aggregate; and
(ii) Automobile Coverage: $1,000,000.00 per occurrence/
$2,000,000 aggregate; and
(iii) A$3,000,000 Umbrella coverage;and
(iv) Workers Compensation and Disability: Statutory amounts.
(b) For a wireless support structure on County property, the Commercial
General Liability insurance policy shall specifically name the County as
an additional insured. The insurance policies shall be issued by an
agent or representative of an insurance company licensed to do
business in the State and with a Best's rating of at least A.
(c) The insurance policies shall contain an endorsement obligating the
insurance company to furnish the County with at least 30 days prior
written notice in advance of the cancellation of the insurance.
(d) Renewal or replacement policies or certificates shall be delivered to the
County at least 15 days before the expiration of the insurance that such
policies are to renew or replace.
(e) Before construction of a permitted facility is initiated, but in no case later
than 15 days prior to the grant of the building permit, the holder of the
Special Use Permit shall deliver to the County a copy of each of the
policies or certificates representing the insurance in the required
amounts. A Certificate of Insurance that states that it is for informational
purposes only and does not confer rights upon the County shall not be
deemed to comply with this Section.
Orange County, North Carolina—Unified Development Ordinance Page 5-97
Article 5: Uses
Section 5.10:Standards for Telecommunication Facilities 37
(� (Q) StandaMs For Struiatures Requiring Building Permit General Building
and Inspection Standards for all Telecommunication Support Structures:
res must man{the fnlln�iinn minims�m
standards--
� .._. Ch...i1-Fnl Can..ire�rr�en4r 25
develepment plan approval as Fequired.
GGFIGisteaGy-YA
North Carolina,w hi h through rational engineering analysis, n_or{ifies the
rtvrcrr�rwni�r�vnrt� ....�, ............. engineering..>.... .� ..,...�_.._ -.....-_. _.._
n e with nli hle {a darn as set forth in the CM{e of
NeFth Carolina Building Code, and any aSSGGiated regulations; and
tBWf@f'S Gem�lla�Svc •rya�8p.p��oav�c:-`� �+
rl crrihe the{n a ranar'{v 'nrl cling an example of the number anr{
fswdfnE_
sites.(e) The eXiSt;Rg Gel! sites(latitude, 1GRgitude, pGwer levels) tG WhiGh this
(gg) The searnh ring utilized:n finning the propose- site.
r
Q t°RnCrc
trancmittinn enuip��mna_nt_-
pnwer of the anteppa(s
anteRrfa(sJ
{enna/r1 sill nn{ray se interferenre WEth
24 All telecommunication support structures require the issuance of a building permit prior to the commencement of
earth disturbing activity. The existing Ordinance created confusion and had led some to argue that the standards
formerly contained in Section 5.10.8 only applied to towers approved administratively. Staff has re-worded the
section to remove the ambiguity and correct the interpretive issue. Staff has also proposing to move these
requirements to the end of 5.10.8 in an effort to group submittal/review standards for telecommunication support
structures to the beginning of this section.
zs Regulations denoted in green have been re-located to Section 5.10.8(A)(1)into the proposed revised format.
Orange County, North Carolina—Unified Development Ordinance Page 5-98
Article 5: Uses
Section 5.10: Standards for Telecommunication Facilities 38
(R) A wFitten affidavit Stating why"the pmpesed site is none----aFy fGr their
GOMmuniGatiORG „
and a statemeRt that theFe aFe RE) existing alternative sites withiR the
without the tower.
Some eF all of items lusted in (e) thFough (R) may be FeqL4iFed to be provid-e-r-I P-R
",�-4---StandaMs of Evaluation
(a) A PFOposed tower shall not be permitted if it is not substantia4y
/hl Ta• r height hall h mo s rd f nm the base of the teweF to the
highest point of the pFonAsed antenn (s), with lightening rod, to
\ / viic° ay �r-,c-crvcr*tia�rv,
i
'nn ovnrhitan# lease fca
,, !GG,yyi!
IGGattyt&:
on ovnrhi tan#Fate leases.
: ff��}}����
fe�
design, so#h-s Ls d fall n ,
rd
faGility.
d--;---d to fURGtiGR, whiGh may be reqUiFed to be deteFMined by the
R-OaGturelr's published sPPnifiG;#;nns fn the GUstomeF equipment.
of stealth fanili#y is r nA ped
(k) All teleGE)MMURiGatiORS towers shall be plaGed iR heavily wooded areas
on the- Site#o the maximum e)dent possible so a #S lessen, the visual
z�cv the
'
Orange County, North Carolina-Unified Development Ordinance Page 5-99
Article 5: Uses
Section 5.10: Standards for Telecommunication Facilities 39
(1) Tower Inspection
(a) Telecommunication tower owners shall submit a report to the County
Inspections Division certifying structural and electrical integrity upon
completion of the initial construction and at intervals as specified in this
Section.
(b) Inspection records shall be kept by the tower owner and made available
upon request to the Inspections Division during regular business hours.
(c) The following inspection schedule shall be followed, except in cases
where a tower has no structures other than those associated with
telecommunication tower use located within the tower's fall zone.
(i) At least once every 36 months, or 36 months from the date of a
co-location approval, a structural engineer who is regularly
involved in the maintenance, inspection and/or erection of
telecommunications towers shall inspect the tower and submit a
report to the Inspections Division within a reasonable time
thereafter. At a minimum, this inspection shall be conducted in
accordance with the provisions of this Ordinance and in
accordance with the tower inspections check list provided in the
EIA-222 (as amended from time to time). This is considered a
major inspection review.
(ii) At least once every 12 months, a visual inspection from the
ground shall be conducted by a properly trained staff member of
a tower provider or tower consultant and a report shall be filed
with the Inspections Division within a reasonable time thereafter.
This inspection shall include, but shall not be limited to, visual
inspection of tower foundations, structures, guys, and
connections for evidence of settlement or later movement; soil
erosion; condition of paint or galvanizing; rust or corrosion, loose
or missing bolts, loose or corroded lightning protection
connectors; tower plumbness, significant variation in guy sags
(i.e. tensions), and other material areas or matters relating to the
structural integrity of the tower. This is considered a minor
inspection review.
(iii) In addition to the regularly scheduled major and minor
inspections set forth herein, a minor inspection, at a minimum,
will be conducted if the tower or its appurtenances are noted at
any time to be visibly damaged. Additionally, a major inspection
shall be conducted if the visible damage to the tower is
significant or when, after conducting a minor inspection,
significant questions remain about the structural integrity of the
tower.
1
Orange County, North Carolina—Unified Development Ordinance Page 5-100
I
Article 5: Uses 40
Section 5.10: Standards for Telecommunication Facilities
(d) The Inspections Division may conduct periodic inspections of
telecommunications towers to ensure electrical integrity. The owner of
the telecommunication tower may be required by the County to have
more frequent inspections should there be reason to believe that the
electrical integrity of the tower is jeopardized. The County reserves the
right to require additional inspections if there is evidence that the tower
has a safety problem or is exposed to extraordinary conditions.
(e) Any tower found, through inspection by the owner or by inspection of the
Inspections Division, to be structurally unsafe and cannot be brought into
compliance within 180 days shall be removed at the owner's expense.
(f) Current or former EIA standards shall apply to the addition of antennas
or other appurtenances to communications towers under the following
conditions:
(i) Additions to towers constructed prior to the effective date of this
Ordinance, regardless of whether the additions are accounted for
in the original design, shall comply with the current EIA
standards, and the wind loading specified therein. Additions to
towers constructed subsequent to the effective date of this
Ordinance shall comply with standards set forth elsewhere in this
Section.
(ii) Existing towers that will not have any additional attached
appurtenances shall at a minimum comply with the EIA
standards in existence at the time the tower was erected.
(iii) Replacement of antennas or other appurtenances shall at a
minimum comply with the EIA standard in existence at the time
the tower was erected if the replacement does not add to the
original design loading.
(iv) If a structural analysis shows a tower is not in compliance with
the appropriate EIA standards, the owner shall submit an
application to the Inspections Division with a plan to bring the
tower into compliance within six months.
(v) Analysis of Existing Towers
a. Within 12 months of the effective date of this Ordinance
an analysis commissioned by tower owners and
prepared by a North Carolina Licensed Professional
Engineer(P.E. Analysis) shall be performed on all
towers in excess of 100 feet in height and shall be
submitted to the Inspections Division.
b. The analysis shall determine the tower's compliance or
lack thereof with the EIA standard in effect at the time
the tower was constructed and when the most recent
structural loading change was made.
C. For all towers less than six years old, a current existing
P.E. analysis of the tower may be submitted in lieu of the
new P. E. analysis required above.
d. If the tower does not meet the aforementioned EIA
standards, the letter or existing P.E. analysis shall
include the types of modifications that would be required
to bring the tower up to standard.
e. All existing towers shall be subject to the annual
electrical inspection conducted by the Inspections
Division including any associated inspection fees.
Orange County, North Carolina—Unified Development Ordinance Page 5-101
Article 5: Uses
Section 5.10: Standards for Telecommunication Facilities 41
f. The Inspections Division shall be notified in writing when
a required analysis is complete. A copy of the analysis
report shall be made available to the County Inspections
Division upon request. That report shall also give details
of the net result of any changes made to the tower or its
appurtenances since the last inspection.
(2) Fees and GhaFges
(a) A filing fee as set by the 99@Fd Gf County Ge 3hall be Paid
PeFmit. in addition, an inspeGtiGn fee is due the County at the time G
(b) RHbIiG Iand OF Fight of way lease agFeements shall be established by
Pe
T�.F'rAits TTI'CJ:
determine+the am
faGilities and'SUPPOFt StFUG F $ The foregoing dGec not prohibit the
fee shall be sepapately identified disq-1-n-se-d to the appiiGaRt UPOR
Fequest. A partial eSGFGW payment Gf$1,000 shall be submitted at the
$1;090 partial paymeRt aFnOURt. ARY unused funds iR the aGGGuRt afteF
be Fetumed to the designated paFtym-
,2Z
(3) Overall Rolliry and -Desired Goals
♦rnpF&6t*Gable; af
16 Moved to a new central section of the code as part of the proposed re-formatting.
27 Moved to a new central section of the code. No modification of existing development standards were proposed
for the Special Use Permit process other than the allowable height for each category(i.e. Class A versus Class B)
Orange County, North Carolina—Unified Development Ordinance Page 5-102
Article 5: Uses 4 2
Section 5.10:Standards for Telecommunication Facilities
(b) The plaGeMeRt, height and quantity of wireless teleGGMM''RiGAtiA S
under the fasts and sirs„ stannes
(4) Balloon Tee
(a) The annli'nv ir+r shall, at least six weeks to a-Class R Qn al Use
Permit n,,hlin hearing and at least 11 ,seeks nrinr to a Class 4 Spenial
Use Permit PubliG hearing, Gc)ndUGt a ballGE)R test whereby the appliGant
shall aFFange W fly, a tempoFaFy mast, a minimum ef 10'3"
in A-.r pairange balleon at the maximum height
(b) The balloon test shall be I f-,'+1—+f4gur GenseGutive daylight
1_ atleast
hp-iUrs 6taFt'Rg-sometim behueen 101-0-0- A.M. and 2:00 P.M. -on the dates
V+tVseR.
mail,weather GF atmespheriG GORditions on the initial date), tames, and 19Gation
pFeperty within 1,000
feet of the s„hient narnel nn less than 14 days in advanne of the f' s+test
residents are fn reneicie nntine of the hAllnonts
date may he a weekday
datGv wand times of the test at least 14 days TR adyann
G:
The appliGaRt shall also pest a sign OR the subjeGt preperty,-ald
The signs shall meas„re no more than e n aFe feet ' ree nd ne
less than few squaFe feet;R area, giving the GE)RtaGt;RfeFmatien ef the
the balleen test. The signs shale peetedto meet the same time limits
(5) Submittal RequiFements
lR addition tG the infoFmatiGR Fequired iR SeGtiGR 2.7, the following shall be
submitted as paFt of the appliGatieR�
a) A site plan showing the folle A'ng.
0) The entire site (inGluding property hnscnda lines) and s' a of-+11
�.� .� ).,,..,,YY,„� N,�N�.rz�-QO rT
¢n7
Existing and prepesed states on site,
tII1�The fall Z8ne of the
feed
Orange County, North Carolina—Unified Development Ordinance Page 5-103
Article 5: Uses
Section 5.10: Standards for Telecommunication Facilities 43
(/) Any GffiGially desigRated fiGedways and fieodpla+ +s-ewe
PFeGeRGe of alluvial seils.
g•olor and natWe of all evterier material nlnng with the make model end and
manufaGWFeF of the proposed my rt ie r r heights,
(G) YY Land+.,ape and TFe r°$e{.r" G .gyme, me-GGale as
ooveF and other landSGape materials. This plan shall minimize adveFse
antennas through GaFeful design, siting, landscape SGreeniRg nd
(d) EvideRGe that the appliGaRt has investigated the possibilities ef plaGiRg
0) Ic TTV'T �7- a ^r
�
stFuGWrr� and a listing of airwReless SUPPtttt StFUGtere, utility
that are teGhRiGally feasible feF utilization by the appliGaRt te fill
need identified by the AppliGaRt pwsuant to seGflen
4
existing re iFeless sr rnnnrt Strr rntr ryes within the jna,rch tines.
a. rnreleas�t clenormmanrtinatien S nn nr Stn nfi re height;
G. Whether the ev`Sting wiFeless telernmmr micatinn
ftequeRGY iRteFfeFenGei and
gam- odated on the eviSting wireless
fln estrint'nn limltn ons of the FGG nrFA4 that
e, rm7-rc�ivcrvrrs-vr-Trrrr�i v � .......
sire;
f Dronggat'on studies of all ndjnining planned, n nesed
in-S^ g.
a '_
° _. existing Site and;
Any additienalinfqFFnatien Fequested by the County.
equipFnent Gannet-he In-n-a-ted on any of the existing wireless
SUPPOO StF61GtUres *R the .�
SeaFG 1 FiRq.
I
Orange County, North Carolina—Unified Development Ordinance Page 5-104
Article 5: Uses
Section 5.10: Standards for Telecommunication Facilities 44
requirements, WhiGh a#eGt the appearanGe of the proposed wireless
SUPPOFt StFUGtUFe, sueh as lighting and coloring.
Draft bond whiGh will guarantee the FeFneval of the wireless support
strr rotr rre in the event that it is abandoned or unused rsed for a period of 17
i97---
4 000 feet of the paroel and addressed fire+slaGG starnped envelopes to
w*th SeGtiE)Rs 2.7.5 and 2.7.6 of this OFdinaRGe.
to the ba"GGR test along with GGIGF photographs fFGFn VaFiGUS IGGatiep's
TI�€yidenGe that the ba
Rotarized statement apd listing of the property owners notified of the test,
Gertified mail returned FeGeipts freFn the mail out.
r�—A notarized staternea++ at the sign p06tiRg requiFeen+ has ,eeR met.
(k) Photographs of a dearly visible balleoR floated at the proposed tpwer
1GGatiE)R to the maxiR;um height of the tower, as well as photographs with
showing what the proposed toweF will 1 like.
areas, histnrin sites roadways, innhrrinn snepis r ars aAd m
Staff to assess the visual iFnpaGt of the proposed lower.
faGility and its equiprrient Will GGMPIY with all federal, state and lGGal
emission reg: irements
(m) AR AppliGant may be required to submit an EnvirGRn;ental Assessment
v.::.�_:_:: :_yaw::v:::�:::
ARalysis andd aa.Visual uvdeRdumrr Rg;rSerd en the results of the A -al sic
more detailed visual analysis. The GGope of reed €av-irORMeettar
Cnd Visual Assessment will he revi-erd at the pre anpl-nation meeting
ra v�vaui-rz�'sJC°.s7onTCnr�in-vc-r c-.vi
(R) if required a Visual lmpaGt Ace-sessmeRt, v,h iGh shall i GlU
(i) --A."Zone of Visibility Map" shall be provided rd-crt�determine
(ii) Panorama photo -som.-H-latup-Ins of the proposed v.girele-s'-; suppGFt
struoture, superimposed on the existing lanassape, t Ga;e
State highways and other rnqj9F Foad6; State and !GG@l parks;
tither public lands; hl:storl:o distritet • nrese.nT4Ce,0 and historiosites
normally open to the PublffiG; and from any other Ieratiep where.
the cite is visible to nurnbeFof visitors, travelers or
v
residents
rc.�rvcrn
An assessment of the visual impact of the Wireless support
and adjacent properties and streets shall he non idered to
determine the peed of snreeninn
Orange County, North Carolina-Unified Development Ordinance Page 5-105
Article 5: Uses 45
Section 5.10:Standards for Telecommunication Facilities
reless support
GtFUGtUF8 as sited se as to have the least vissually intrusive effecA
reasenably pessible and thereby 'a-ve the least adverse visual effeGt On
the environment and its GharaGteF, on existing vegetatien, and on the
FesmdeRGes in the area of the teleGeMMURiGatiens Wei
NeFth GaFel'Ra, whiGh through rational engineering analysis, GeFtifies the
toweF'S
meld of the R err,!-er and
type of antennas it Gan aGr.GMmedate-.
(6) Standards of Evaluation
(a) The teleeornmu uninations equipment planned for the propeserl wireless
evicting and Planned use of these wireless r,upnert strunt,,res
Vest,
(ii) The planned equipment INGUld Gause radio fFequenGy
interference with ether evicting or planned equipment fnr these
wireless cu upnert stru ucfi Tres and the interference cannot he
prevented at a reasonable nest
Existing or approved wireless SUPPOFt--StFUGtUFes dG [TOt have
appFaved equipment.
/i Ale e to�,er or ether suitable facility evicts in ,w
an area here the
equipment tG be plaGed on the tower Will fURGtiGR in 46 intended
t
mariner.
0) AppliBaFlts for facilities-skull IGGate, sitortc-and-Te Fee Gt said aGilitiees
@Wing
the height Of the tGWeF GF StFUGWFe.
b. On evicting Facilities withe,ut increasing the height of the
G. OR Geunty owned properties or faGilities.
use.
e. On properties in areas vaned AgFiGUItWal Residential
f OR properties in areas Zened for residential use
Orange County, North Carolina Unified Development Ordinance Page 5-106
Article 5: Uses 4 6
Section 5.10:Standards for Telecommunication Facilities
Fa+satiGRs equipFneFFt
at a IeGatiGR that sR et a ^prrefeFFed prieFity 1 sin, he }-
pFiority site is not preposed. The explaRatiGn shall be in the ferm
review of the
se!estiE)R. The explanation shall, at o minimum, in^lude the
The appliGation shall Rot be apffeved URIeGS it deFnenstrates
that the teleGon;MURiGations equipment may net be sited at a
beGause Re higheF pFiE)Fmty site is available that would sewe to
Appli^ant may not by pass sites of higher p ority merely
be^ause the site proposed is the only site leased r leoterl
CVO NeWthstanding that a p0teRtial site rnay be situated in an area
(vi) --Wireless suppGFt stF �^mss shall tbeeGated. ithiR . e half
(114) mile of any existing ma enel° lath^ r guyed wiFeless
a. An eXGePtiGR may be allowed wheR the appl'GaRt GaR
sUffi^ientl"demonstrate that•
i. AppFeffiate spare on the existing
}inn wireless sUpport stn lots ire i
The applicant has made geed faith ff rt to
negotiate an agreement with the GWRer of the
evicting wireless telecommU m"cation support
i6i. The telecomr»I mina}inn equipment n the
existiRg wireless teleGGMMURiGation support
AF
;V. Adequate GGveFage by the applinant nannet
met at the lGcation of the existing .iFele.asi
V. The existing wireless teleGGmmupication support
appliGaRt.
Orange County, North Carolina—Unified Development Ordinance Page 5-107
Article 5: Uses
Section 5.10:Standards for Telecommunication Facilities 47
b. €Xsept efts dell only be allawed-a#er a thGFGugh
peffbffned by the County's n�nsultan t or Staff,
that Beverage is not possible on a •stin e' I
...xruyv ,.a ,,va possible vrr urr�°.ec,.airr,9-,.r.e.-rea-:,
800%
(G) Setbaeks
sethaGks from the base of the wireless c ort str,rgtr rre to the
pFoperty IDGURdaFy shall be equal to 0
s t1-Ur-,fi-we heigbt-
/•i\ if the wireless „n r•t „oture ' Proposed as an angessen, use
r-rrrc'rrrrvicvSC �pe'Ft-J�cic�vcvrciv-P�ropvvca-av�-avvcvvvr�•.rc
se the sethagL sh,all be 1100% of the w4ete,%
00 Artlanent to Ron_residential uses or non_residential_Zgninn
distrigts minimum sethao4 from the base of the ,irel ss
pTJLTI�T."J�TliTT1'rTfLTTn.`IG CrJt�prC��rVr�'r-[treTJR�G'� C,Tri`�1„GIG.7.7
20-0A of the tewer height or the minimum required setha Gk
/n 1 building th ' „ofi,re
�,-.�—A11��r,r,ss-aed-et,,e�s#��res-tc3-be-{seated-on-the-same
'
hinheyer is greater.
re,
(d)—Assess
a
ss,rre adequate emergengnv and seni re anr+es
(ii) Maximum use of existing rGads, whetheF publiG eF private, shall
he made to the extent pragtioahle
=e\ 1 andsganing and ❑offers
A Type G I andsgape Buffer shall he provided hetmeen the
Z
/ii\ Existing vegetation may he rerpoved only to the extent
er wall, shall be GGrnpG9e_d entirely of fast gFewing evergFeeR
..y
vp�
.. am'
(iV) New plantings and existing vegetation used for sgreening shall
h at least six feet 'n height or greater at Planting.
vc-carrcvvc vrn rcccTrr,°ce9,rc or 9,c...... ....N.........y.
/r,T—_ pgsed P}a S ( ne, type, height) shall be 6hewn en the
Orange County, North Carolina—Unified Development Ordinance Page 5-108
Article 5: Uses 4$
Section 5.10: Standards for Telecommunication Facilities
(Vw) La .
a shall not nenstih,te sale i„st'finat'nn of rdenial of a permit annlina+inn
Q ,
but is an indiGation of what 19GataGR E)R the site may be less visually
intrusive.
�rnruuiT�
(g) The appliGaRt shall derneristFate a d
(h) The site plaR shall iRdiGate a IeGation for at least hve equipment buildiRgS
in addition to that proposed for use by the appliGant.
{a}--- All utilitties at a favmcy shall be installed UrldeFnrn nd d iR
e
Safety Codeanra the Alntinnal CleGtr'nal Go dewhere annrenriate
All wireless SUPPGFt StFLIG41res shall satisfy all appliGable publiG safety,
!and us?, . - issues required in this Qrdiriafln° ice,ig
design setbaGks an fall zone '
rd
(k)Fenne and 1A1all..
L-� An eight font f°nn° shall be tin 'r°A aFG) d the base f
any wireless st+PPertstrustures. This fennn r wall sha
0) CGnnes shall he required .....v:r..d guy ire tie vrde ns
the appliGanVewReF wish te do se.
RPFRAit i Gludes a 6taternent that the awner of the wiFeleGs sunnnh
ith then imary n„rnose of the
-tuFe, provided that SUGh ether users agFee.449
may result from such atta Ghment
the o, Rty may n, ire the s° f dual d t t be used '
prohibiting the prevision Of GeP.iGe iR the GOURty.
(n) StFUGWres shall be galvaRized and/or paiRted with a Fust preventive pa
(mo
fnnilities shall maximize the use of h ,ilA'ng mat ials Ge!GFG d te)dwes
g ng�_� s this shall .nvl:.:.'d..e the utilia_`at.,o_�n
(P)AnteFl;,as
Orange County, North Carolina—Unified Development Ordinance Page 5-109
Article 5: Uses 9
Section 5.10: Standards for Telecommunication Facilities
{+j
does not have the effeGt of pFohibiting the PFGViSi()R of sewiGe to
the intended con 'ee area, alb
site(s), unless the appliGaRt Gan PFGve that it is teGhRGIG�
inprastisable:
a{i q OF a FnanneFso as ie
visually iRneGueus and ndetegtable
possible .
(q) I igh}inn
} hall be the
pre#eFFe+ chaise:
and ineffensiye an effegt as is permissible under State and
fede,� eryeI Fegulatiens.
tiiiT—F�r fagili}v fer Whirh lighting is rep, 'red under the FAA's
lighting shall he affixed with teshRelegy that eRables the light to
h seen s ' to r♦ rl f em the 'r but that prevents the pre,rnrl
v°c�c c°-r riaa-nTCCr"rcr°ca�FVn-r-cn sun',—rya cz,
sGatter e#eGt se that it RGt able to be seen frgm the ground to
height of at least 17 degrees Vertinal fer a dicta RGe of at least
shield may he used, g as long the light is visible from the air as
r
0ntended by the FAA.
C)Fd iRanGe.
that they are readily aGGessible enly to PeFSORs allthOFized to eperate$F
sentige them.
remeved within 12 months of the Gessafion of use. A bond eF
sen„ritY g„a MRteeing the remeval of the teeter in the even}that it is
abandoned eF unused fGr a peried of 12 months shall be pc)sted. A GoSt
0
the estimate.
(U) A determination shal�-�ade that the faGility and ffits equipment will
Orange County, North Carolina—Unified Development Ordinance Page 5-110
Article 5: Uses 50
Section 5.10: Standards for Telecommunication Facilities
'pgli ode a statement that the.agility and its
neRt Will GOMPly With all federal, state and lnr,;;l tzmk;
T
VT "`F" M`.`y nZTV1TQViQLfOTI-CCP TJ
The cSpesial Use Permit shall iRdude^Gondition that the e!eGtFo
magnetiG radiation levels maintaiR GGmpliaFlGe with requirements
06) Within 30 days of installation Gf equipment on the tower, and
withiR 30 days of the installatiGR of aRy additiGnal equipment in
the future, the tower owner shall provide dOGUmentatien e
emossion levels on relation te F=(;G standards.
1 AA
eMiSSOGR levels within five working days if se request( by
Orange r
(iV) OraRge Gourity may make SUGh requests at any tome Rot to
evoeed twe times per year ,
/W\ "High "Ne n and Other&kjps
"HIGH(i) if high voltage is neGessaFy for the GperatiOR of the
VOLTAGE warning GigRS shall be peFmaRei4y
attaGhed to the feRGe or wall and shall be SpaGed no more than
DANGER"
4�0 feet apaFt_
"NO TRESPASSING"
attaGhed to the feRGe or wall and shall be SpaGed Re rneFe thaR
it n feet apaFt.
The letters for the"HIGH VOLTAGE DANGER"and"PK)
TRESPASSING"warning sig shall be at I + ..,hes in
height. The two warning SigRS may be Gembined iRtG
The warning signs shall he installed at least f' f + I +t.
finished grade of the fenGe be GbstFuGted by
(iv) The WaFRiRq SigRS may be attaGhed to freestanding poles the
GE)Rtent of the 6igRS would, or '
rand
be attaGhed to the tGweF StFUGWFe in GOMpliaRGe with federal
Fegulatien-
M FaGilitieG shall Gentain a sign no larger than fGuF square feet to
previde adequate n0tifiGatien to persons in the immediate area G
FadiatieR within a given area-
(Vi) A SigR RG larger than four square feet GontaiRiRg the name(s) e
ernergenGy phone number(s) shall be iRstalled. The sign shall
be GR the equipment shelter OF Gabinet of the appliGaRt and be
visible freFn the aGGess PGiRt Gf the site and must identify the
(Viq) OR tower sites, an FGG registration sigR, as appliGable, is also to
be pFe6ent. The GigRG shall RGt be lighted, unless appliGable law,
rule or regulation elation req sire lightiRg.
shall be stFiGtly prohibited.
Orange County, North Carolina—Unified Development Ordinance Page 5-111
Article 5: Uses 5
Section 5.10: Standards for Telecommunication Facilities
fadlity shall Rat be 6taFed GF parked OR the Site Of the te'eGGFnMUR;GatiGR
(a) The Q
Jq
GewRty as to type of seGuFity and the form alpd_;�&;ReF of FF-+R
Use Permit issued pursuant+ +h' C +'
,
n is nempleted to r + e the site to di+'
(a) A holder of o Cneninl 1 loo De rnit for efe SLIPPE)Ft 6t.6 Gt.. Shall
and preper-ty damage: $1,000,000 per GGGUFFeRGe42,000,GOO
1 /
aggregate" 4
$2,009,009 algFegate; and
tYtt
'-nv__ addd�tioRal iRGwed The insuFaRno PGIin'oo shall be issued hyi en
hu smRess in the State and with e Reo+'c Fatinn of at least A
(rte) The iRs FaRGe Pelisies shall sentain an endeFsement-eb;;sat;Rg the
(d)Renewal OFFeplaGe 3eRt PONGies GF GeF lfiGates shall he delivered +e the
GGunty at least 15 days befGFe the expiFatiGR Of the iRSUraRGe that swnh
nelivies ere+ti renew er renleee
1' '
(E) FEES
Orange County, North Carolina—Unified Development Ordinance Page 5-112
Article 5: Uses
Section 5.10: Standards for Telecommunication Facilities 52
(a) A filing fee as set by the Board of County Commissioners shall be paid
upon application for a Site Plan/Zoning Compliance Permit Application, a
Building Permit application, or Special Use Permit.
(b) in—add+tisn, An inspection fee is due the County at the time of all
required future inspections as detailed within Section 5.10.8 (D) (1) (c) of
this Ordinance. Such fees may reflect the County's fully allocated costs,
and shall not exceed such costs.
(c) Public land or right-of-way lease agreements shall be established by
separate instrument and recorded prior to the issuance of Building
Permits.
(d) Consultant Fee. Regardless of the type of telecommunication support
structure proposed (i a administrative approval special use permit co-
location, etc.) an applicant is required to submit a fee to cover the
Countv's telecommunications consultant to review the application "n
escrow account of an amount determined by the Board of County
Commissioners, as denoted on the adopted fee schedule shall be paid
by check to Orange County to pay associated consultant review fees
during all phases of the application review process. The Board of
County Commissioners shall determine the amount of charges or fees
assessed to an applicant on account of an outside consultant in advance
and incorporate these charges and fees into an application fee that is
based on the reasonable costs of the services the County incurs in
connection with the application review. The fees and charges paid by
the applicant for the services of a consultant shall not exceed what is
usual and customary for wireless facilities and support structures. The
foregoing does not prohibit the County from imposing additional
reasonable cost-based fees for the actual costs incurred by the County
for a consultant's review of an application due to amendments or
revisions to the original application. The amount of the consultant
charges incorporated into the application fee shall be separately
identified and disclosed to the applicant upon request. A partial escrow
payment of $1,000 shall be submitted at the pre-application meeting to
cover associated consulting fees incurred prior to the formal submittal of
an application. The escrow amount required at the formal application
submittal shall be reduced by the $1,000 partial payment amount. Any
unused funds in the account after either the approval of the Certificate of
Occupancy (CO), or the expiration of the Special Use Permit approval,
whichever is sooner, shall be returned to the designated party.
5.10.9 Removal of Wireless Support Structures and Facilities
(A) The owner of any facility shall be required to provide a minimum of 30 days written notice
to the County Clerk prior to abandoning any facility.
(B) County Determination
Under the following circumstances, the County may determine that the health, safety, and
welfare interests of the County warrant and require facility removal:
28 Staff added the proposed language to eliminate a misconception that certain telecommunication support facilities
(i.e. administratively approved or co-locations)are not required to be reviewed by our telecommunications
consultant.
Orange County, North Carolina—Unified Development Ordinance Page 5-113